U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Habeas Petition in Indian Tribal Criminal Matter, and Other Habeas Matter

Eagle v. Yerington Paiute Tribe, No. 08-16786, involved a habeas petition challenging petitioner's conviction of criminal child abuse in the tribal court for the Yerington Paiute Tribe.  The court of appeals affirmed the denial of the petition, on the ground that Indian status, although a requirement for tribal jurisdiction, was not an element of the crime charged.

Reynolds v. Thomas, No. 08-35810, concerned a habeas petition claiming that the Federal Bureau of Prisons ("BOP") erred by refusing to issue an order under 18 U.S.C. section 3621(b) that retroactively (nunc pro tunc) designated the Montana state prison where petitioner served his state sentence as the place where he began serving his federal sentence.  The Ninth Circuit affirmed the denial of the petition, holding that 1) the BOP had the authority to decline to make a nunc pro tunc designation of a state prison notwithstanding a state court's contrary order; and 2) the district court did not clearly err in determining that petitioner was under the primary jurisdiction of the state at the time of his federal conviction.

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